Order of Protection Update
T.C.A. § 36-3-602(a) provides the basis for persons who may seek relief through an application for an Order of Protection and states:
(a) Any domestic abuse victim, stalking victim, sexual assault victim, observation without consent victim, or unlawful photography victim who has been subjected to, threatened with, or placed in fear of, domestic abuse, stalking, sexual exploitation of a minor, sexual assault, a human trafficking offense, observation without consent, or unlawful photography, may seek relief under this part by filing a sworn petition alleging domestic abuse, stalking, sexual exploitation of a minor, sexual assault, a human trafficking offense, observation without consent, or unlawful photography by the respondent.
Further, T.C.A. § 36-3-601(1) defines abuse as:
(A) Inflicting, or attempting to inflict, physical injury on an adult or minor by other than accidental means;
(B) Placing an adult or minor in fear of, or in, physical harm or physical restraint;
(C) Causing malicious damage to the personal property of the abused party; or
(D) Intentionally engaging in behavior that amounts to financial abuse;
The Tennessee legislature recently expanded the definition of “abuse.” Beginning July 1, 2025, under T.C.A. § 36-3-601(1)(B), the definition of “abuse” includes:
[A]cts inflicted directly by the offending party or indirectly through a third party, including, but not limited to, a family member, friend, significant other, or coworker, on behalf of the offending party.
Due to the recent expansion, the particular section of the statute has not yet been highly litigated, if at all, particularly at the Court of Appeals level. It will be interesting to watch how the courts of this State apply this new definition of “abuse” in the future and how parties will prove this ground as a basis for an Order of Protection.
Contact Gill Family Law if you or someone you know is in need of an Order of Protection – both as a separate cause of action or as part of a divorce proceeding.
